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Oregon Conviction Set-Aside

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SETTING ASIDE CONVICTIONS IN OREGON

Don't Let Past Mistakes Hurt Your Fututre

Nobody wants a criminal record. A criminal record can limit your job opportunities, make finding a place to live more difficult, and even take away your Second Amendment right to own a gun. More than anything, living with a criminal record just isn’t fair once you’ve paid your debt to society.

When you’re arrested or convicted in Oregon, a criminal record is created with the arresting agency, the Oregon State Police Criminal Justice Information Service, the Oregon Department of Justice, the FBI Criminal Justice Information Services Division, and a number of other criminal justice agencies. To make matters worse, the Oregon Judicial Department makes these records searchable online via its Oregon Judicial Case Information Network. This is significant as, when you get a criminal record in Oregon, a lot of people have access to it.

Thankfully, Oregon law permits the setting aside and sealing of both misdemeanor and felony convictions. If your set-aside is granted, you will be treated as if you were never found guilty, and the court shall issue an order sealing all the records relating to the set-aside case. If you’re setting aside a felony, setting aside your record will typically also restore your firearm rights.

Our law firm has helped thousands of clients get rid of their criminal records, and we hear success stories from them often. If a criminal record is currently holding you back, keep reading to see if we can help.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Set-Aside and Seal Your Conviction?

Oregon law allows you to set aside many misdemeanor and felony convictions. To make the most use out of the following information, try to track down the following information:

  • The date of your most recent conviction

  • The specific offense that you were convicted of and

  • The level of crime you were eventually convicted of.

  • General Requirements to Set Aside Oregon Convictions
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    The general requirements to set aside a conviction under current Oregon law (primarily ORS 137.225) are the following:

    • You must satisfy any required waiting periods for the offenses discussed below.

    • You cannot set aside one of the prohibited offenses listed below.

    • With some exceptions, you may only set aside certain levels of criminal offenses.

    • You cannot have any pending criminal charges or criminal proceedings.

  • 1. Which Offenses are ineligible to Set Aside?
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    There are many offenses that do not qualify for setting aside their record under current Oregon law, which include the following:

    • You cannot set aside Traffic Offenses or Driving Under the Influence of Intoxicants

    • You may not set aside convictions for any of the Person Felonies listed below

    • Your conviction cannot have required you register as a sex offender, or be any of the Prohibited Sex Offenses listed below

    • Your conviction cannot be for Negligent Homicide (ORS 163.145) or Assault in the 3rd Degree (ORS 163.165) and

    • You cannot set aside convictions for Criminal Mistreatment in the 1st or 2nd Degree (ORS 163.200 or 163.205) or Endangering the Welfare of a Minor (ORS 163.575) when the victim is over 65 or the abuse constitutes Child Abuse under ORS 419B.005.

    Person Felonies

    Oregon law currently does not permit you to set aside a “Person Felony,” as it is defined by Oregon Criminal Justice Commission 213-003-0001. These offenses include:

    • Burglary I as defined in Crime Categories 8 and 9

    • Robbery I, II, or III

    • Assault I, II, or III

    • Felony Domestic Assault

    • Arson I

    • Escape I

    • Supplying Contraband as defined in Crime Categories 6 and 7

    • Aggravated Murder, Murder, or Felony Murder

    • Manslaughter I or II

    • Negligent Homicide

    • Felony Strangulation

    • Criminal Mistreatment I

    • Female Genital Mutilation

    • Assaulting a Public Safety Officer

    • Use of Stun Gun, Tear Gas, Mace I

    • Kidnapping I or II

    • Trafficking in Persons

    • Coercion as defined in Crime Category 7

    • Rape I, II, or III

    • Sodomy I, II, or III

    • Sexual Penetration I or II

    • Sexual Abuse I or II

    • Felony Public Indecency

    • Unlawful Contact with a Child

    • Custodial Sexual Misconduct in the First Degree

    • Incest

    • Abandon Child

    • Buying/Selling Custody of a Minor

    • Child Neglect I

    • Child in Display of Sexual Conduct

    • Encouraging Child Sex Abuse I or II

    • Possession of Material Depicting Sexually Explicit Conduct of Child I or II

    • Stalking or Violation of Court's Stalking Order

    • Theft by Extortion as defined in Crime Category 7

    • Tree Spiking (Injury)

    • Aggravated Harassment

    • Abuse of Corpse I

    • Intimidation I

    • Use of a Weapon

    • Inmate in Possession of Weapon

    • Felony Possession of a Hoax Destructive Device

    • Unlawful Possession of Soft Body Armor as defined in Crime Category 6

    • Promoting Prostitution

    • Compelling Prostitution

    • Felony Animal Abuse I

    • Aggravated Animal Abuse I

    • Environmental Endangerment

    • Causing Another to Ingest a Controlled Substance as defined in Crime Categories 8 and 9

    • Unlawful Administration of a Controlled Substance as defined in Crime Categories 5, 8, 9

    • Maintaining Dangerous Dog

    • Hit and Run Vehicle (Injury)

    • Felony Driving Under the Influence of Intoxicants

    • Hit and Run Boat

    • Purchase or Sale of a Body Part for Transplantation or Therapy

    • Alteration of a Document of Gift

    • Subjecting Another Person to Involuntary Servitude I, II

    • Aggravated Vehicular Homicide

    • Luring a Minor; Online Sexual Corruption of a Child I and II

    • Aggravated Driving While Suspended or Revoked

    • Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing Death to a Person

    • Purchasing Sex with a Minor and

    • Attempts or solicitations to commit any Class A or Class B person felonies as defined herein.

    Prohibited Sex Crimes

    Additionally, Oregon law currently does not permit the setting aside of any of the Prohibited Sex Crimes below:

    • Rape in any degree

    • Sodomy in any degree

    • Unlawful sexual penetration in any degree

    • Sexual abuse in any degree

    • Incest with a child victim

    • Using a child in a display of sexually explicit conduct

    • Encouraging child sexual abuse in any degree

    • Transporting child pornography into the state

    • Paying for viewing a child’s sexually explicit conduct

    • Compelling prostitution

    • Promoting prostitution

    • Kidnapping in the first degree if the victim was under 18 years of age

    • Contributing to the sexual delinquency of a minor

    • Sexual misconduct if the offender is at least 18 years of age

    • Possession of materials depicting sexually explicit conduct of a child in the first degree

    • Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court

    • Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender and

    • Sexual assault of an animal

  • 2. What Level of Conviction Do You Want to Set-Aside?
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    Many of the rules to set aside your conviction depend on the level of the offense. It’s important to understand whether your conviction was a Class A, B, or C felony, or a misdemeanor. Keep in mind that Senate Bill 420 has made setting aside marijuana-related convictions much easier, so please refer to our Marijuana Services page if your conviction was a marijuana-related offense.

    Class A Felonies

    Very few Class A felonies can be set aside. Unless you were convicted of Racketeering Activities (ORS 166.720) or a qualifying marijuana-related offense, you cannot set aside your conviction

    Class B Felonies

    Most Class B felonies can be set aside, but, in addition to the general requirements above, setting aside Class B felonies have these additional rules:

    • You may not set aside a conviction for a Firearm Used in a Felony (ORS 166.429)

    • The waiting period is 20 years since you finished your sentence or were released from prison

    • You cannot have been arrested, cited, charged, or convicted of a new criminal offense since your original conviction (without considering minor traffic offenses).

    Class C Felonies

    Class C felonies and misdemeanors are generally much easier to set aside than the higher-level felonies discussed above. The following rules apply to setting aside both levels of offenses:

    • If you only have one conviction on your record, you must wait three years since your conviction

    • If you have more than one conviction on your record, you must wait ten years since completing the sentence for your most recent conviction and

    • If your probation was revoked, you must wait ten years since the date your probation was revoked.

    Please note that, if you were convicted of a Class C felony and do not satisfy the three additional rules above, you may still apply to have your felony reduced to a misdemeanor before the required waiting period is over. You can learn more about felony reductions by visiting our firm’s Felony Reduction page.

    What Counts As a Conviction

    As an initial matter, you need to understand what constitutes a "conviction." Most motor vehicle citations and convictions are not considered convictions under this rule, but vehicle-related criminal convictions like Driving Under the Influence count.

    • A single violation (not including motor vehicle violations) within the last 10 years does not count. Misdemeanors and felonies are not violations. For example, a violation for possession of marijuana would not constitute a conviction.

    • If you have multiple counts on the same case, each count resulting in a conviction counts as a conviction.

    • Set-aside convictions count as convictions for these purposes

  • 3. Rules for Setting Aside Marijuana Convictions
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    With the passage of Senate Bill 420, Oregon’s new laws expand which marijuana crimes can be set aside using the method described in our Marijuana Conviction Set Aside page. Even if you are ineligible for the method, the new law also changes the rules for the standard set-aside method on this page. In most cases, these changes should make it easier for many to qualify, and include:

    • Instead of using the level of offense you were originally convicted of, use the level of offense that the same crime would have after Oregon legalized the recreational use of marijuana (April 21, 2017) and

    • If the offense is no longer a crime, treat it as a Class C Misdemeanor when applying the standard set aside rules contained in ORS 137.225.

Legal Effects of Setting Aside Your Conviction

  • How Will Setting Aside My Conviction Help Me Get a Job?
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    Setting aside an Oregon conviction is the best way to pass a background check and help you obtain a job. If you your motion to set aside a conviction is granted, your conviction will be set aside, and the court will order state and federal criminal justice agencies to remove the conviction from your criminal history. A set aside conviction will not show up in a background check, and you can legally state that you were never convicted of the offense. Your set aside conviction cannot be released or made available to a third party except in a limited cases to certain criminal justice agencies.

  • Will Setting Aside my conviction Restore My Second Amendment Rights?
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    In most cases, yes. Unless there is another reason your firearm rights have been taken away, setting aside a conviction that restricted your firearm rights will restore them under ORS 137.225(3)5.

    We will go into more detail regarding restoring Second Amendment rights in Oregon on our Oregon Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.

What You Need to Do to Get Rid of Your Juvenile Conviction

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind.  Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals.  Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the Potential Benefits of Setting Aside Your Criminal Record in Oregon Include:
  • Removing a finding of guilt and closing the case on your criminal record to help you get a better job

  • Restoring your Second Amendment Rights to own a firearm

  • Becoming eligible for professional licenses you previously did not qualify for

  • Increased eligibility for student loans, housing assistance, and government programs

  • Improving your ability to obtain higher-paying job opportunities

  • Improving access and admission to college and other educational resources

We Are Here to Help

Each of Oregon's methods for dealing with your criminal record have different requirements and are meant for different circumstances.  To move forward, it’s important to determine what Oregon criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Oregon criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Oregon criminal record.

You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Oregon state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!